How Do I Bring My Spouse to Australia?

What are the steps to bring a spouse to Australia?

The steps to bring a spouse to Australia are to confirm eligibility, choose the onshore or offshore subclass, gather identity and relationship evidence, lodge the partner visa application online with the sponsorship, and then complete health examinations, police certificates and any requests from the Department. Each step depends on where the spouse is and which visa they hold. Our guide on how to apply for a partner visa walks through the process.

Should my spouse apply from inside or outside Australia?

Whether a spouse should apply from inside or outside Australia depends on their current visa, their visa conditions and the couple's plans. An onshore application under the Subclass 820 usually gives a bridging visa that lets the spouse stay while the application is processed, but it may be blocked by condition 8503 or require Schedule 3 criteria. An offshore Subclass 309 avoids those rules but requires the spouse to be outside Australia at grant. Our article on choosing a partner visa pathway compares the options. A sponsor whose spouse is in Australia on a visitor or student visa should check the visa conditions before booking travel or a wedding.

What evidence do we need to bring a spouse to Australia?

The evidence needed to bring a spouse to Australia covers identity, the marriage and the genuine and continuing relationship. The Department looks at financial aspects, the nature of the household, social aspects and the nature of the commitment, together with one relationship statement and Form 888 supporting statements from people who know the couple. Our partner visa document checklist lists what is usually provided.

Can my spouse come to Australia on a visitor visa instead?

A spouse can apply for a visitor visa, but a visitor visa is for a temporary stay and is not a way to settle in Australia with an Australian partner. Many visitor visas carry condition 8503, which prevents the holder from applying for most other visas in Australia, including the Subclass 820, without a waiver. Our article on moving from a tourist visa to a partner visa explains the risks.

What can stop a spouse from being granted a partner visa?

A spouse may be refused a partner visa where the Department is not satisfied the relationship is genuine, where the marriage is not recognised under Australian law, or where health, character or PIC 4020 requirements are not met. A sponsor who has sponsored a partner before may also face sponsorship limits. Our article on why partner visas get refused explains the most common reasons. Many of these problems can be identified and addressed before lodgement, which is why the order of steps matters as much as the documents.

How does My Migration Lawyers help sponsors bring their spouse to Australia?

My Migration Lawyers starts by testing which subclass the spouse can safely apply for, because the wrong choice can leave an applicant without a visa or with an invalid application. The firm then prepares the application and the sponsorship together, presents the marriage and relationship evidence clearly and deals with the Department until a decision is made. Couples apart for now can see how the firm runs offshore Subclass 309 matters, and couples in Australia can read about onshore Subclass 820 applications.